"Order of proceeding." Except as may be ordered otherwise by the presiding hearing examiner, the party
applicant for relief shall proceed first at a hearing.

1905.26(b)

"Burden of proof." The party applicant shall have the burden of proof.

1905.26(c)

"Evidence" -

1905.26(c)(1)

"Admissibility." A party shall be entitled to present his case or defense by oral or documentary
evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Any oral
or documentary evidence may be received, but a presiding hearing examiner shall exclude evidence which is irrelevant, immaterial, or unduly
repetitious.

1905.26(c)(2)

"Testimony of witnesses." The testimony of a witness shall be upon oath or affirmation administered
by the presiding hearing examiner.

..1905.26(c)(3)

1905.26(c)(3)

"Objections." If a party objects to the admission or rejection of any evidence, or to the limitation
of the scope of any examination or cross-examination, or to the failure to limit such scope, he shall state briefly the grounds for such objection.
Rulings on all objections shall appear in the record. Only objections made before the presiding hearing examiner may be relied upon subsequently in a
proceeding.

1905.26(c)(4)

"Exceptions." Formal exception to an adverse ruling is not required.

1905.26(d)

"Official notice." Official notice may be taken of any material fact not appearing in evidence in the
record, which is among the traditional matters of judicial notice or concerning which the Department of Labor by reason of its functions is presumed
to be expert: "Provided," That the parties shall be given adequate notice, at the hearing or by reference in the presiding hearing examiner's
decision, of the matters so noticed, and shall be given adequate opportunity to show the contrary.

1905.26(e)

"Transcript." Hearings shall be stenographically reported. Copies of the transcript may be obtained by
the parties upon written application filed with the reporter, and upon the payment of fees at the rate provided in the agreement with the
reporter.

Thank You for Visiting Our Website

You are exiting the Department of Labor's Web server.

The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. The Department of Labor also cannot authorize the use of copyrighted materials contained in linked Web sites. Users must request such authorization from the sponsor of the linked Web site. Thank you for visiting our site. Please click the button below to continue.